Professional Documents
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British Library
142.867
Coll No. 21
of 1853
Fort William
Home Department
Legislature
Act No VI of 1852
1852
Act No VI of 1852
For defraying the cost of a Lighthouse in
Pedra Branca 13. Your Honble Court in Your
Leg Cons: 30th Jany 1852 Pedra Branca
Marine Letter No 6 of 1845
the necessary draft of an Act for the levy of the tonnage duty
was read in Council for the first time on the 24th Octr 1851.
This rate at the time of passing the Act, was raised, at the
India in Council in the Home Dept / Legl / under date the 30th January
1852
No. 1 No 172
of India
Home Departt
With reference to your letter No. 607 dated the 27th October last, I
enclosing a draft act for levying a toll on Ships and square rigged vessels
of the cost of erecting a Light House on Pedra Branca and the expense
maintaining a Light thereon. A Copy of the reply to Coll Butterworth of
of Bengal
(Copy) No. 2
Enclosure
No 22 General
No 158 of 1850
Sir,
date the 12th Novr last No 784 with its enclosure from the Govt. of India,
Esquire.
“Choa Ah Lam” was still willing, giving good security to undertake the
contractor, to commence on the work in the early part of March next, and
Honble the Court of Director, to be drawn from the 1st Instt, to ensure the
desire, for bringing Masons from China, who will be located on Pedra
Branca, from which Rock, the Blocks of Granite for the foundation of the
Light House will be prepared, and I have every reason to believe, under
the management of the Chinese workmen, that the Light House will
4th. The great distant from Singapore, of the Rock, on which the Light
in his letter under date the 6th of June 1848 forwarded with my
knowledge of Building, familiarly with the language, the sway and control
of the Chinese Head Men and subordinates, and acquaintance with the
and convenience of the Visitor’s Room, and make the fittings up of the
interior of the Building, some what better than was originally proposed,
and as this will cause but little further outlay an the Building. I have
ventured to authorize his giving the necessary orders for such articles,
6th. The difficulty and risk, of negotiating through the Houses of Agency
the course I have pursued, will meet with the approval of the Honble the
forwarded with my letter under date the 14th July 1849, No 91, and I am
clearly of opinion, that this would be the greatest boon that could be
in mean time, I am happy to report, having dispatched one of the Buoys* Vide
enclosed
make
received from Calcutta, to the aforesaid 2 ½ Fathom Bank. marked A
vessels passing Tree Island, the Sultan Shoal, and the Rabbit and Coney,
10th. The Chamber have very considerably over rated the receipts, by
taking their calculation from the number of vessels that have arrived at
and departed from Singapore, without bearing in mind, that one vessel
may have entered the Port half a dozen times during the year. The
amount of tonnage upon which Light House dues would be collected, will
not exceed 150.000, limiting the payment of Light House dues for each
11th. The Committee also desire, that the levy of these dues may be
Duties obtain under the impression that the collection here may “operate
prejudicially to the trade of the Place, which hitherto has been unfettered
by exactions for any purpose whatever”, but this opinion as I shall shew,
fact, that all or nearly all Vessels passing through the Straits of Malacca,
China Seas, I have ventured to draw up an Act for the levy of the Dues at
this Port alone, which I trust will be approved of, more especially, as I am
Governor.
/No 32/
Resdt Councillor
Sir,
of 1849, with annexed copies of letters from His Honor the Governor No
510, from the Under Secretary to the Govt. of Bengal No 7840, and from
W. Grey Esqr Und: Secy: to the Govt. of India No. 607 containing a copy of
the two months and ten days that now intervene between this and the
account of that survey had arrived from Bengal, which will probably not
required to teach the measurers, and after they had been thought, they
Survey.
during those two months and ten days, are as follows 1st making model
and Lamps &ca for transmission to Europe. 4th Constructing Derricks and
stone lifters. 5th Fitting up Gun Boats for the purposes for which they will
deficiencies may not be the cause of stopping the works in the midst of
fixed on the Rock, and many other minor details, for all of which there is
barely time left between this and the 1st March, but all of which must be
contractor, and it is so far settled that he will undertake the masonry and
brick work, and most of the carpentry, Iron work, and copper work, which,
Ten Thousand, five hundred Spanish Dollars. The name of the Contractor
that every caution and care will be used, and no personal exertions
battle against the difficulties attending an unusual work of this kind, for
be able to act with vigour and without the tardy vacillation which under
operation.
Faber at all times, and shall be grateful for any suggestion that his long
Branca, which is an important part of the undertaking for which the Govt
Branca, the contractor will deliver over his lighters to the Steamer at the
Pedro Branca and secured to a Buoy close to that Rock, where again the
Contractor will take delivery of the lighters after they are unloaded, the
lighters will be attached to the buoy and from thence taken by the
wood will be procured, the steamer will tow the lighters to the anchorage
these, from whence the Contractor will carry them to the shore, and after
they are loaded, deliver them at the anchorage of the steamer, from
whence they will be towed and secured to the buoy at Pedro Branca, and
so on. Of Course the Commander of the steamer will take care to only
venture out with lighters during the day at the Rock, so that they may be
Sumatras, were they to remain at the Rock or Buoy during the night. But
there is in doubt that Captn Congaltons’ experience will easily show, how
to avoid accidents in this way, though it may be here stated that such
Regarding the two Gun Boats that will be required during the
and for which purpose I would respectfully ask the favor of your obtaining
so that all necessary repairs may be effected before the 1st of March, so
that a want in Department may not be a cause of detention. The 2nd Gun
boat will be principally required for procuring water and provisions from
Hooghly remain near the rock for the first month or so, until everything
be set a going properly, after that her services would only be necessary
when building materials were to be sent out to the rock. At the first
setting out too, it would be of great assistance could she convey Planks,
attaps and spars, was to effect our quick establishment in houses on the
rock, these being the materials of which they will be composed. I hope
of the structure which was designed more to the view of strength than to
any other object, and while I can state with considerable confidence that
the estimate will not be exceeded in this part, as nothing was spared to
make this part complete, still as the Honble the Court of Directors have
humbly suggest that they be now of a superior style than that originally
undertaking, now that there is not the same object in reducing everything
to its lowest limit of expenditure that original was the case when the
room, the stairs and other lesser convenience be fitted up in better style
will commence on the 1st of January next not to mention other measures
that have been already set agoing, I would humbly solicit the favor that
the extra monthly allowance to my salary of 1500 Rupees, so kindly
also that I may be allowed to engage an overseer from that date on 100
attention as occasion may require, I will ask for the assistance of such
kindly ordered by His Honor the Governor, and trusting that this letter will
meet with your approval and also of His Honor the Governor, to whom I
Govt Surveyor
/True Copy/
Sd/ W. J. Butterworth
Governor
/No 340/
1849
Secy. to the Honble the Court of Directors
Sir,
the China Seas, I have the honor very respectfully to transmit the copy of
a letter from Mr Thomson, the Gentlemen entrusted with the work, and to
determined upon for the Light proving insufficient, the Honble the Court
will not refuse their continence to any additional outlay that may be
recommended by Mr Thomson.
Governor.
(True Copy)
Governor.
Extract from the Minutes of a Meeting of the Committee of the
A letter from the Honble the Governor No 330 dated the 11th Instt
to the address of the Chairman, with its enclosures was read, from which
it appeared that the Honble the Court of Directors had authorized the
addition to the subscribed sum of Rs 22.194, for the erection of the Light
way of loan.
duty on shipping in name of Light Dues for the Horsburgh Light, the
expenses.
this duty of 2 ½ dollars per 100 tons, be hereafter carried out, the
years, and that the annual surplus remaining after paying an installment
of the said loan, and providing for current expenses, should be applied to
one, or more of the Islands near Singapore, the position of which renders
Light on the 2 ½ fathom Bank. That there is every reason to believe that
expense, and the committee are decidedly of opinion that they would be
Straits, as they would enable vessels to run on during the night with
purpose whatever. That this objection does not apply to the collection
such dues at Calcutta, Bombay, Madras &ca &ca there being already
should also, if possible, be made for collection in China of the Light dues
payable by Vessels clearing out there for Ports in the Straits and
Westward.
imposing these Light Dues for their reduction after repayment of the loan
from Govt to the amount only required to cover the current expenses of
(True Extract)
Sd/ A. Logan
(True Copy)
Governor.
(No 171)
Malacca
Marine Sir,
that have been taken for the immediate construction of the “Horsburgh
1st February, and the advances to the contractor to enable him to bring
3rd. From para: 6 of your letter and enclosure, No 2, His Honor observes
unnecessary for His Honor to pass any orders on the subject, which will
Malacca, and for a light near Singapore, I am directed to inform you, that
the Chamber for the favorable consideration of the Honble the Court of
Directors.
5th. The Draft act submitted with your letter has been forwarded for the
Bengal
(True Copy)
the rock called Pedro Branca, situated at the Eastern Entrance of the
thereon.
___________________________________________________________
in the China Seas to erect a Light House on the Island rock called Pedro
erecting such Light House; And whereas the East India Company have
repaid to them by the levy of a toll on Ships and other square rigged
when erected should be defrayed out of the monies arising from such
Light House,” and that the same and the appurtenances thereunto
belonging or occupied for the purposes thereof, and all the fixtures,
the properly of and absolutely vest in the said East India Company and
II. And it is enacted that from the _____ day of ____ 1851 a toll of
2 ½ per cents of a Dollar per ton shall be levied upon all ships and other
square rigged vessels being of the burden of fifty tons and upwards,
which shall arrive at, cast anchor in, or enter the harbour or roadstead of
Singapore, from any part of the world; Provided always that no ship or
other square rigged vessel shall pay such toll more than once in every six
arrived at, cast anchor in, or entered such harbour or roadstead more
III. And it is enacted that all ships of war of Her Britannic Majesty, all
armed ships belonging to the said East India Company; and all ships of
war belonging to any Foreign Government or State shall be exempt from
IV. And it is enacted that the toll leviable under the Act shall become
Light House” and of every thing within relating thereto, shall be under the
direction and control of the Chief Civil Authority of Singapore for the time
being.
VI. And it is enacted that the Chief Civil Authority may appoint any
VII. And it is enacted that out of the funds raised by such tolls, an
efficient light shall be constantly kept up and exhibited during the night
time in and from the said Light House and that the surplus monies
thereof shall from time to time be paid over to the said East India
Company in liquidation of all or any sum or sums of money they may
advance towards the erection and completion of the said Light House
VIII. And it is enacted that immediately on the arrival of any ship within
this Act shall demand or cause to be demanded from the master or other
person in command of such Ship, payment of the toll of two and a half
cents of a Dollar per ton for every ton of the registered burden or
tonnage of such ship, and that if the same be not immediately paid, and
the said Collector shall have cause to suspect or believe that such ship
paying such toll, it shall be lawful for any Justice of the Peace, upon an
affidavit to that effect being made before him on oath by such Collector
his Warrant under his hand, directed to any Peace Officer or Peace
and carry away any of the goods, merchandize, Guns, tackle, apparel or
furniture of such ship, and to keep the same for the space of three days
after which if the amount of the toll due by such ship be still unpaid, the
same may be sold to pay such toll, and the expenses of such seizure and
sale, and that the overplus if any shall be returned on demand to the
any ship clearing out of or leaving the Port of Singapore aforesaid, shall
refuse to grant such Port clearance to any ship until the Owner, Agent,
Certificate from the Collector appointed under this Act that such ship has
duly paid the amount of toll to which she was liable under this Act.
roadstead of Singapore and go into ports beyond the seas without having
paid the amount of the toll to which she would be liable under this Act,
every such ship shall be liable to pay treble the amount of such toll, to be
thereafter, in the manner provided for in Sect VIII of this Act, and that the
amount of such treble toll may likewise be recoverable from such ship at
any other port or place in the territories of the East India Company, at or
within which such ship shall or may at any time thereafter be found.
XI. And it is enacted that upon the production by any Officer of Govt. at
any port or place in the territories of the East India Company, where such
last mentioned ship shall happen to be, of a Certificate under the hand
and seal of a Justice of the Peace of Singapore aforesaid, that such last
mentioned ship had left the Port of Singapore aforesaid without having
paid the amount of toll (specifying the same) to which such ship was in
the first instance liable to pay, it shall be lawful for any Justice of the
Peace at such port or place aforesaid to issue his warrant directed to any
on board of such ship, and to seize and carry away any of the goods,
the same for the space of three days, after which if the amount of such
treble toll, to the payment of which such ship had rendered herself liable
in manner aforesaid, be still unpaid the same may be sold to pay the
amount of such treble toll and the expenses of such seizure and sale,
and that the overplus, if any, shall be returned, on demand, to the owner
or to the person in whom the possession the property so seized may
tonnage of any ship liable to pay the toll leviable under this act, the
Collector appointed under this act may apply to any Justice of the Peace
to require, and such Justice of the Peace shall thereupon summon and
having possession of the same, to produce the Register of such ship for
the inspection of such Justice, and upon the refusal or neglect of any
imprisoned in Her Majesty’s Gaol for any period not exceeding two
calendar months.
advanced by the said East India Company towards the erection and
completion of the said Light House shall have been fully repaid and
arising from the toll payable under this Act, after defraying the current
XIV. And it is enacted that the word ships throughout this Act
Brigantines, Barques, Steam boats, and all other square rigged vessels.
the 21st of January 1850, on what is usually called the two and a half
fathoms at low water Spring Tides, the following bearings were taken by
eye being elevated 12 feet above the water______ North 85° East
There is a small patch North East from the buoy, about twenty
About a mile to the Eastward of the Buoy on the tail of the Bank,
there are overfalls of three and four fathoms, with five, six and seven
quarter of a mile.
To the North and Southward of the buoy, there are ten and twelve
a quarter South, will just clear to the Southward of the bank, and East
(True Copies)
I have struck out the 10 and 11 Sections of the original Draft Act
to enact that a penalty should attach to a ship for all time and should be
without considering that a ship is a chattel and that her title deeds would
Slave acts have never yet gone the length of declaring that a slaver
should after it changed hands and was employed in lawful traffic be still
liable to condemnation.
seas, I have thought it as well to insert the twelfth section, without that
section, it might be argued that the whole Straits was the roadstead, and
as a consequence that all ships passing them it should pay the toll.
Branca”.
2nd The tonnage duty an shipping was authorized by the Honble Court
from the Governor of the Straits Settlements that the light in question
would be exhibited from the 15th Instt, the President in Council has
Govr. Genl’s assent and to authorize the publication at once of the draft
To Coll W. J. Butterworth
and Malacca.
the accompanying Act “for defraying the Cost of a Light House on Pedra
Branca”, and to request that you will favor the Supreme Govt. with such
necessary.
To F.J. Halliday
Sir,
Young’s letter No 657 dated 24th Ultimo, submitting papers and a Draft
Act for defraying the cost of a Light House on Pedra Branca by levying a
tonnage duty on Shipping and in reply to convey to you the assent of the
Most Noble the Governor General to the publication of the Draft Act.
8th. I beg on conclusion to suggest, that the Draft Act, submitted with
X
To the my letter under date the To the Govt. of Bengal 13th July 1850. No. 22x
Govt of
Bengal for the levy of Light dues, may have early publication, should it have
Council with a view of meeting the above expense, and that which will be
that the rate of Light dues should be raised to three cents of a Dollar per
ton, for all square rigged vessels, on the principle laid down on the 2nd
Fort William
Sir,
date the 24th Ultimo giving order to Draft Act for defraying the cost of the
necessary, as intimated in my letter of the 1st Instt No. 42, to raise the
tonnage Dues from two and a half to three cents, per ton, for the
Fathom Bank.
office.
Governor
Genl No. 57
No 885
of
1851
From The Offg. Governor of Prince of
Fort William
Sir,
funds will arise from the number of Vessels passing on, that would
that such Vessels in order to avoid the small charge for Light House
funds, would go out of the way to call at either of the other stations for
think with Mr Church that to make the Light House dues payable at the
Straits, the vessels sailing between Penang and Singapore will benefit
Resdt Councillor at
Singapore
Sir,
Council, on the subject of the Draft of a proposed act “for defraying the
3rd. The Draft Act was well considered previous to its transmission to
Fund to be derived, by reason of vessels passing the Port, the dues are
comparatively small, and less than the expense, and delay of touching at
conceivable case, the more simple and short the better, to make the
(True Copy)
Offg Governor
Unto the Honorable the President of the Councillor of India in Council No 11C
Enclosure
The Memorial of the Singapore Chamber of Commerce
Respectfully Sheweth.
proposed Act “for defraying the cost of a Light House on Pedra Branca”
that it is intended to confine the levy of the toll for defraying the expense
That the light of Pedra Branca is not a local light, benefiting those
Lights from which they will not derive any exclusive benefit, and which
Singapore, and that many vessels, although deriving benefit from the
light will escape payment of the toll, thus materially diminishing the
and other places to the Eastward of Singapore, such as the large vessels
carrying cotton, Opium Clippers &ca, to which the services of the Light
House will be of peculiar value, will be exempt from the toll, as these
proposed mode of levying the toll, your Memorialists may mention that
during the past month upwards of twenty large ships from California
they are confident would have done so, had they been called upon to pay
Light Dues, while they could have avoided the payment without
but also vessels clearing out from Indian Ports to places in China or to
dated 5th Sep: 1849 authorizing the imposition of the toll; the existing
and other charges, affording the requisite facilities for collecting the light
made to pay a tax for the building and maintenance of the Light House
Pedra Branca, from which they derive no benefit and your Memoralists
therefore suggest that the levy of the proposed toll from such vessels
Straits of Malacca.
Your Memorialists pray that your Honor in Council will be pleased
to take what has been above stated into your most favorable
consideration.
Chamber of Commerce.
Singapore